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TC Minutes 03-13-1990MINUTES OF THE HELD MARCH 13, REGULAR-TOWN COUNCIL MEETING 1990 - 7:30 P.M. The regular,meeting,of the Town Council of the Town of Avon, Colorado, was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Allan Nottingham at 7:38 p.m., A roll call was taken with David Garton, Albert'Reynolds,'Mike Bennett, Gloria Mc_Rory and Jim Stovall present. Councilman Jerry Davis-was absent. Also present were Town Attorney,John Dunn, Town Manager Bill` James, Director of Engineering Norm Wood, Director of Municipal Services Larry Brooks, Director of Community Development Rick Pylman, Police Chief Art Dalton, Fire Chief Charlie Moore, Town.Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. There being no one wishing to be heard, the Mayor.closed the Citizen Input portion of the agenda. Ordinance No. 90-1, Series of 1990, AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 5.04 OF THE MUNICIPAL CODE OF THE-TOWN OF-AVON TO PROVIDE FOR AN OCCUPACTIONAL TAX; PROVIDING DETAILS IN CONNECTION THEREWITH; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. The Mayor-stated that this ordinance was not scheduled on'the agenda but was requested to discuss this for possibly re-consideration: Mr. James stated that it had been suggested by a number-_of Councilmembers that Ordinance No. 90-1 be re-considered.. This, ordinance was in respect to the Business License Fees. The proposed ordinance was based upon Crested Butte's ordinance and also based on Breckenridge's ordinance. He stated that-earlier in-the work shop, it was suggested that Council consider going to a flat fee for'the business license fee rather than the survey"the staff recommended. Councilman Stovall suggested that Council revise the previous ordinance's language to accommodate the increase of a flat fee. Discussion followed. Councilman Bennett moved to bring ordinance, No..90-1, Series of 1990, to the table for re-consideration. The motion was seconded by Councilman Garton.and was unanimously carried. i The Mayor entertained discussion for Ordinance,No. 90-1. Councilman Stovall_ moved to amend Ordinance No. 90-1; Series of 1990, so that Ordinance.14o.190-1 reflect the language which was previously enacted in Chapter 5.04 of the Municipal Code entitled, "Business Registration" with the following exception, "5.04.010, Subsection B, which previously read, "the filing of each business registration form be accompanied by a payment fee of ten dollars". Councilman Stovall- moved that the language be modified to say, "that the filing of each business registration form shall be accompanied by a payment fee of seventy five dollars". The motion was seconded by Councilman Garton. The effective date would be May 1, 1990. Councilwoman McRory suggested that the business license fee should be fifty dollars.instead of'seventy five dollars. The Mayor entertained a roll call. Those Councilmembers voting aye were: David Garton, Albert Reynolds, Mike Bennett and Jim Stovall. Councilwoman McRory voted nay. The motion carried with Councilwoman McRory opposing. Second reading and public hearing was scheduled for March 27, 1990, at 6:00 P.M. Resolution No.,-90-5, Series of 1990, A RESOLUTION STATING THE COMMITMENT' OF.MATCHING LOCAL FUNDS FOR CONSTRUCTION OF SEPARATED RAILROAD GRADE CROSSING ON AVON ROAD. Mr. James stated that they wanted to present the resolution to the Department of Highways, to show them the Town's commitment in the participation of the $7,000,000.00 for the Separated Grade Crossing. $3.5 million would be raised locally. Hopefully $3.5 million from the State of Colorado. The Town of,Avon's contribution would be $1,460,000.00, which included $300,000.00 anticpated grant from the Division of Local Affairs, the Denver Rio Grande with in-kind services with $1,250,000.00 and Beaver Creek Metropolitan District of $400,.000.00(of that amount, $150,000.00 would be cash and $250,000.00 would-be in the Town of Avon's Bond Issue),and Eagle County with in-kind services of $390,000'.00.- He stated that written letters of commitment would be sent to Bob Moston,.who was the District Engineer for the Department of Highways. This resolution would also be presented at the April meeting of the Highway Commission for consideration. The Mayor stated that he felt it was essential that this resolution be approved. Councilman Bennett moved approval of Resolution No. 90-5, Series of 1990. The motion was seconded by Councilman Reynolds and was unanimously carried. -2- 0 0 Next on the agenda was a Proclamation proclaiming April 1, 1990, as "Census. Day" . Mr. James stated that in addition to this proclamation, there was additional information - that had to be reviewed,' by the Council. Appartently the-:.Town had received some information from the Census Division indicating that Washington has stated that the supplement payment that the :Town of Avon and several other Towns have approved, was illegal. That the Towns cannot pay the census workers this supplement. There should be written authorization coming forth in regard to this matter. The Town Council suggested that staff contact our Congressmen on this matter, but in the meantime, leave it in place. Discussion followed. The Mayor then read the Proclamation into the record. The Mayor also read into the record, the Proclamation proclaiming April 1 through 7, 1990 as, "The Week of the Young Children". The Town Attorney. Report was next on the.agenda. Mr. Dunn stated that the water issue was scheduled for 3:00 p.m. on Thursday, March 15, 1990 in the Court of Judge Hart. He also Filed the Avon Metropolitan District's Disclosure Certificate, which included a list of witnesses that would be potentially called. He advised the Council that after some discussion with the Avon Metropolitan Board,'Mr.'Dunn concluded that Jim Collins was a potential witness who represented the:.Authority. He stated that he proceeded that way for a couple of reasons. 1. He was contacted by Dee Wisor, Bond Attorney, who had been informed by Jim Collins, that it was his plan to include Dee Wisor as a potential witness in the Case, because Mr. Wisor was a drafter of the documents, which were being interpreted. Mr. Dunn felt it was incumbent upon the Town to.include Jim Collins as the other drafter of the documents. 2: That there was.a copy of meeting minutes of'october of 1988 in which Jim Collins expressed his opinion that the Authority could not spend., money on major capital additions, which-seemed to contradict-the opinion he was expressing in connection with the law suit. Mr. Dunn stated that with these two reasons.-in mind, it indicated the importance of having Jim Collins as a witness. The decision should be made final that.he should be obligated to testify, but of course, there would be a question as to whether he could continue to represent the Authority in this particular Case. Mr. Dunn stated that hopefully the Case could be settled on Thursday. -3- • The Mayor reported that the Nortwest Colorado Council of Governments was to host a 4 hour work shop concerning solid waste issues. The work shop was scheduled for March 22, 1990 in Kremling, Colorado from 11:00 a.m. to 2:45 p.m.. The Mayor asked if any of the Councilmembers could attend, and if so, that they RSVP by March 19, 1990. The Financial Matters were next presented to the Council. Councilman Stovall moved to receive items #1 through #9. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Stovall moved approval of the General Fund of Accounts Payable for March 13, 1990. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Stovall moved approval of the Reconciliation Sheet of Accounts Payable for March 13, 1990. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Reynolds moved approval of the February 27, 1990 Council Meeting Minutes as presented. The motion was seconded by Councilman Stovall and was unanimously carried. The Council then discussed work shop items under Other Business of the agenda which were not discussed earlier. The Town had received a Promissory Butler in respect to the Peregrine Partner of the Grand-on-Avon. Mr. Note and that the Town of Avon did that the interest rate was at 10%, $86,400. Note which was executed by Gerald Project. Mr. Butler was the General Dunn stated that it was a Ninety Day not release its Lien. He stated and the Note was in the amount of No action was taken. There was discussion on the H.R. 586 Bottle Bill. -4- 0 0 Mr. James stated that it has been brought to the attention of the Town Council by a local Citizen of Avon that the Town Council may want to consider the "Bottle Bill". -This'Bill was introduced by Congressman Paul Henry representing Michigan's 5th District. This Bill would require a deposit on containers of a deposit value. of not less than five cents. Councilman Stovall moved approval that the Town of Avon adopt . Resolution that was presented to the Council, which was supporting the passing of this particular legislation. The motion was seconded by Councilman Bennett and was unanimously carried. Council discussed Arts in:=Public Places. This information was brought before the Council':to.see how other communities were addressing this issue. Mr. James stated that this could be looked at for the 1991 budget. Mr. James reviewed'.:the-progress of the Town.of.Avon's Goals and objectives for 1990 with the Town Council. Mr..James discussed'the-Sublease Agreements which were between the Town of Avon,. Avon/Beaver Creek Resort Association and.the Eagle County Library in respect to.the space at City Market. He stated that .there.were-.concerns of the two entities,being obligated to pay for utilities,.parking lot maintenance and.snow removal. Mr. James - recommended that Section 19 of the Agreement be deleted, and Section- 3, the last sentence, deleting that the Tenant would have'to pay all charges for water, electricity and gas supplied to the premises. The Council agreed. Mr. James stated that Ms. Amy Niswanger would be present at the March-27th Council Meeting for possible final action on the Agreements. Mr. James requested authorization to draft a lease Agreement between the Town of Avon and Eagle County for possibly having Eagle County Annex Offices moving into the Town's Complex when the Resort moved out. After some discussion it was the consensus of the Council to proceed- with-the drafting of the Lease Agreement and"to lease that space for a period of two years. -5- Mr. James stated that they had made an assessment of the Town's Computer System. He requested authorization to put an additional $7,000 to the 'already'approved $3,000 for computer equipment, which would allow people to type into the main system or, have P C 's to do ; additional work at each department station. Councilman Bennett moved approval of the expenditure of $7,.000 over the already approved $3,000'to upgrade the Town's Computer System. The.motion was seconded by Councilman Reynolds and was unanimously carried. There being no further business to come before .the Council, Councilman Bennett moved to adjourn. The motion was seconded by-. Councilman Reynolds. Mr. James requested an executive session to discuss land transactions. Councilman Bennett amended his motion to adjourn into executive session. The amended motion:-was seconded by Councilman Reynolds. The meeting was adjourned by Mayo"r Nottingham at 8:35-'p.m. -6-